Hong Kong Residents Protected By New Deferred Enforced Departure Directive

President Joe Biden is extending Deferred Enforced Departure (DED) for 24 months through Feb. 5, 2027, for any Hong Kong resident (regardless of country of birth) currently living in the United States.

The Department of Homeland Security has been directed to:

• Take measures to authorize employment authorization for the duration of the deferral; and
• Consider suspending regulatory requirements for F-1 students who are Hong Kong residents.

Individuals must meet general admissibility requirements and:

• Must not have voluntarily returned to Hong Kong or the PRC after Jan. 15, 2025; or
• Failed to continuously reside in the United States since Jan. 15, 2025.

DED is a humanitarian administrative stay of removal and is authorized based upon the president’s constitutional authority to conduct foreign relations. DED was first authorized for Hong Kong residents in August 2021.

Instructions on how to apply for employment authorization will be published in the Federal Register. Lawmakers had sent a letter to President Biden requesting an extension for Hong Kong for four years until Jan. 20, 2029.

Please contact a Jackson Lewis attorney if you have any questions about applying for employment authorization pursuant to DED.